After the death of a loved one, families often face a wave of grief mixed with the responsibility of managing practical and legal matters. While it can feel overwhelming, understanding the legal and financial steps ahead—particularly around wills, probate and the estate—can help bring order during an emotionally uncertain time.
This guide walks you through what’s required, from understanding wills to applying for probate, and where to seek professional guidance.
Understanding Wills and Rules of Intestacy
What is a will?
A will is a legal document that outlines how someone’s estate (money, property, and possessions) should be distributed. If your loved one had a valid will, the executor(s) named in the document will be responsible for administering the estate.
If there is no will:
This is known as dying “intestate,” and the estate is divided according to the laws of intestacy. Typically, this means the next of kin (spouse, civil partner, or children) will inherit in a fixed order. In this case, a close relative must apply to become the administrator of the estate.
Key First Steps:
- Locate the will (it may be stored at home, with a solicitor, or at the bank).
- Determine who the executor(s) or administrator(s) will be.
- Make an initial inventory of assets and debts.
Applying for Probate: When Is It Needed?
What is probate?
Probate is the legal process of obtaining permission to deal with a deceased person’s estate. This involves applying for a “Grant of Probate” (if there is a will) or “Letters of Administration” (if there isn’t).
Do I always need probate?
Not always.
Probate is usually required if:
- The estate includes property
- There are significant assets held solely in the deceased’s name
- Financial institutions request it before releasing funds
Some banks may waive the need for probate if the estate is small—usually under £5,000–£50,000 depending on the institution.
How to apply:
- Online via gov.uk/applying-for-probate
- Or with help from a probate solicitor or professional
Required documents may include:
- The original will (if applicable)
- The death certificate
- An estimate of the estate’s value (assets and debts)
- Application fee (usually £273 in England and Wales)
When to Get Help
The legal and financial aspects of estate administration can be complex, especially if:
- There are disputes over the will
- There are overseas assets
- The estate involves trusts or inheritance tax
In these cases, seeking specialist advice is highly recommended.
Trusted resources include:
- Solicitors for the Elderly (SFE): A national network of legal professionals who specialise in supporting older people and their families with probate, wills, and elder law.
- Society of Later Life Advisers (SOLLA): Offers access to accredited financial advisers who understand the unique financial planning needs after bereavement.
Many families are unaware of the support available during estate management. If you are unsure where to begin, our experienced team can help point you in the right direction—whether that’s identifying a solicitor, contacting financial institutions or accessing probate resources.
Why Choose Country Cousins for Support After Bereavement?
At Country Cousins, we understand that managing a loved one’s estate can be daunting—especially while grieving. Our role extends beyond care; we are here to support you through the administrative journey with compassion and clarity.
- Practical advice and emotional support from trained carers and care managers
- Guidance on equipment retrieval, final care billing, and documentation
- Access to trusted professional networks including legal, financial, and bereavement services
Reach out to Country Cousins today for guidance, support and a compassionate ear during this transitional time. You don’t have to manage it all alone—we’re here to help you move forward, step by step.
